Ngati Hine bid to pull claims out dismissed

An attempt by Ngati Hine to remove its Treaty of Waitangi claims from that of the Te Runanga-a-Iwi-Ngapuhi has been declined by the Maori Land Court.

Ngati Hine tried to force Te Roopu o Tohoronuku - an independent sub-committee of the Ngapuhi runanga - to remove its claims from the latter's mandate proposal that favours direct settlement with the Crown. Another group, Te Kotahitanga o nga Hapu Ngapuhi, wants the Waitangi Tribunal to hear individual claims, before any negotiation takes place.

Following a two-day hearing in Whangarei, Maori Land Court Judge David Ambler on Thursday dismissed Ngati Hine's application, saying it was outside the jurisdiction of the court.

His decision comes a week after Te Roopu o Tohoronuku got a mandate from three out of four Ngapuhi to begin a negotiated settlement with the Crown.

Tohoronuku's interim chairman Sonny Tau said the court ruling was good news for the overwhelming majority of Ngapuhi in Northland, Auckland and elsewhere who wished to see settlement and advancement for their people.

He stressed the door was still open to Ngapuhi hapu and Treaty claimant communities who wished to be a part of the settlement. But Ngati Hine is disappointed and may appeal.

Te Kotahitanga co-chairman Pita Tipene said that group's application brought real issues surrounding the resolution of the Ngati Hine claims to the fore. "We weren't completely surprised (by the court's decision) because we went into the hearing knowing that there may be grounds under which the judge will decline jurisdiction," Mr Tipene said. Once Judge Ambler's written judgment became available, Te Kotahitanga would consider whether to appeal his decision to the High Court.

He said Te Kotahitanga did not want Tohoronuku to negotiate on their behalf. He said the results of the controversial vote were poor, with less than four per cent of Ngapuhi voting in favour of direct negotiation with the Crown.

Twenty three per cent of the 29,389 people who received voting packs had voted. Of those 6759 people, 5137 ticked the direct-settlement box.

An estimated $160million to $170million could be paid to Ngapuhi in recognition of Treaty grievances, making the iwi one of Northland's - and New Zealand's - most powerful organisations.